ILNews

Opinions March 3, 2011

March 3, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Indiana Association of Beverage Retailers, Inc. v. Indiana Alcohol and Tobacco Commission, et al.
49A02-1002-PL-125
Civil plenary. Affirms denial of the Indiana Association of Beverage Retailers’ motion for a preliminary injunction against the Indiana Alcohol and Tobacco Commission to enjoin the commission from issuing new beer dealer’s permits in locations in which the statutory limits on the number of beer dealer’s permits have been met or exceeded. The Commission’s interpretation of 7.1-3 is reasonable and doesn’t violate Title 7.1. The IABR also failed to show its members are likely to suffer irreparable harm if no injunction is issued.

Eddie M. Taylor v. State of Indiana

20A03-1003-CR-256
Criminal. Affirms convictions of Class A felony dealing in cocaine and Class B felony dealing in cocaine. Taylor’s decision to proceed pro se was knowingly, intelligently, and voluntarily made and he was not denied the right to counsel, as he was appointed counsel the day before his trial was scheduled to begin.

State of Indiana v. Danny LeFlore (NFP)
49A05-1010-CR-698
Criminal. Reverses denial of the state’s motion to use pretrial statements of witnesses who had been excluded. Remands with instructions that the trial court hear the state’s evidence and make a determination as to whether LeFlore’s conduct rendered the witnesses unavailable for cross-examination and thus, whether LeFlore forfeited his right to confrontation.

J.L. v. State of Indiana (NFP)
49A02-1006-JV-791
Juvenile. Affirms restitution order following adjudication as a delinquent child for committing what would be Class D felony theft if committed by an adult.

C.H. v. State of Indiana (NFP)
49A02-1008-JV-912
Juvenile. Affirms adjudication as a delinquent child for committing acts that would be battery, criminal recklessness, and dangerous possession of a firearm if committed by an adult. Affirms order committing C.H. to the Department of Correction.

Term. of Parent-Child Rel. of A.C.; J.C. v. Tippecanoe County DCS (NFP)
79A04-1007-JT-495
Juvenile. Affirms involuntary termination of parental rights.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

  2. Cannabis is GOOD for our PEOPLE and GOOD for our STATE... 78% would like to see legal access to the product line for better Hoosier Heath. There is a 25% drop in PAIN KILLER Overdoses in states where CANNABIS is legal.

  3. This article is excellent and should be required reading for all attorneys and would-be attorneys, regardless of age or experience. I've caught myself committing several of the errors mentioned.

  4. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  5. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

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